Physical therapy is supposed to help you heal, not set you back. When someone is injured during physical therapy, it can raise questions about whether the injury was an unavoidable risk or something that should not have happened at all.
Not every injury leads to a legal claim. However, some injuries may give rise to a malpractice claim if a physical therapist or physical therapy clinic failed to meet professional standards. If your therapy was part of recovery after an accident, a Denver personal injury lawyer can help assess how the injury affects your broader injury claim.
Can you be injured during physical therapy without malpractice?
Yes. Physical therapy often involves challenging movements and stretching, and temporary soreness or discomfort may be part of the normal treatment process.
That said, injuries due to physical therapy raise legal concerns when they go beyond expected soreness and result from unsafe techniques or failure to adjust treatment. The key question you need to ask yourself is whether the physical therapist followed the accepted standard of care.
When does a physical therapy injury become malpractice?
A physical therapy injury might qualify as medical malpractice when the therapist’s actions fall below what a reasonably careful professional would have done in the same situation.
This can include pushing a patient too hard, ignoring signs of pain or instability, using inappropriate techniques, or failing to modify exercises based on a patient’s condition. In physical therapy malpractice cases, the focus is on whether the injury was preventable with proper care.
What is the standard of care for physical therapists?
The standard of care refers to the level of skill and caution that a competent physical therapist is expected to provide.
Physical therapists should evaluate the patient’s condition, follow the physician’s instructions as required, monitor the patient’s response to treatment, and adjust therapy as needed. This includes paying attention to signs like increasing pain, instability, dizziness, or loss of strength during exercises. If a therapist ignores these warning signs or continues treatment that is clearly unsafe, and an injury occurs as a result, that failure may support a malpractice claim.
What types of injuries can occur during physical therapy?
Injuries during physical therapy can range widely in severity. Some patients experience muscle tears, joint damage, nerve injuries, fractures, or worsening of an existing condition.
More serious injuries may occur when patients are overexerted, improperly assisted, left unsupervised, or required to use unsafe or poorly maintained equipment. Whether these injuries support a claim depends on how they occurred and whether proper care was provided.
Who may be responsible for a physical therapy injury?
Responsibility does not always fall on one person. In many cases, more than one party may be involved.
A physical therapist may be responsible for improper techniques or a lack of supervision. A physical therapy clinic may be responsible if it failed to train staff, maintain equipment, or enforce safety protocols. Determining liability often requires a close review of clinic policies and treatment records.
What steps should you take after being injured during physical therapy?
For an injury caused by proven negligence, taking the right steps can protect your health and your rights. These steps also help preserve evidence and clarify whether the injury resulted from substandard care:
- Seek medical attention right away to document the injury
- Request copies of your therapy and medical records from the clinic
- Write down what happened, including the exercise or treatment involved
- Photograph visible injuries, if applicable
- Avoid signing statements before understanding your legal options
How is physical therapy malpractice different from other medical malpractice claims?
Physical therapy malpractice is a form of medical malpractice, but it often focuses on hands-on treatment decisions rather than diagnosis or surgery.
Claims often involve improper exercise progression or failure to respond to pain or instability. Expert testimony might be required to explain how the therapist’s conduct fell below professional standards.
What compensation may be available after a physical therapy injury?
If malpractice is proven, compensation may include medical expenses related to the injury, additional rehabilitation costs, medical expense, lost wages, and pain and suffering.
When a therapy injury worsens a prior condition, compensation may also account for delays or setbacks in recovery. Available damages depend on how the injury affects daily life and long-term health.
How long do you have to take legal action in Colorado?
Colorado law limits how long you have to file a claim. In most cases, you have to file within two years of when the injury occurred or when you reasonably should have discovered it. There is also a three-year statute of repose, which can bar claims even if an injury is discovered later, with limited exceptions. Since malpractice claims involve strict timing rules and additional legal requirements, it’s important to understand your rights early rather than waiting until treatment is finished.
Talk to Zara Injury Law after a physical therapy injury
If you were injured during physical therapy, Zara Injury Law can help determine whether your injury may involve malpractice and how it impacts your overall injury claim. Our attorneys review medical records, evaluate whether the standard of care was met, and explain your legal options under Colorado law.
When you work with Zara Injury Law, you can trust your case to a team experienced in injury litigation. We pursue compensation when negligence causes harm. To discuss your situation, contact us online or call (866) 823-8288 to schedule a free consultation.